However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

[Criminal Power] On August 21, 2018, the Defendant was sentenced to seven months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on August 29, 2018.

【Criminal Facts】

On January 22, 2016, the Defendant: (a) purchased a car B from a used car trading complex located in Bupyeong-gu Incheon Metropolitan City under the name of the mother of the car; (b) borrowed KRW 20 million from the victim (owner)D to cover the purchase price of the car; and (c) registered as a mortgagee (owner) and a mortgage establishment with the bond price of KRW 20 million on the said car purchased by the Defendant as security around January 25, 2016; and (d) there was a duty to keep the said car for the purpose of security until the loan is repaid.

Nevertheless, around November 13, 2017, the Defendant, in violation of the above duties, borrowed 4 million won from E in the street near the private house located in Jung-gu, Seoul, a private house located in 393, and transferred the said vehicle as security, thereby acquiring pecuniary benefits of KRW 4 million borrowed from the above E, and suffered damage equivalent to KRW 20 million in the value of mortgage claim by the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol regarding C;

1. A copy of the agreement on loan application, the president of a general fund loan, deposit and repayment statement, the certified copy or abstract of the motor vehicle registration ledger;

1. Each investigation report (report on hearing phone statements from witnesses, report on accompanying details of transactions submitted by witnesses E, and hearing report on phone statements from witnesses; 2);

1. Previous records: Application of criminal records, results of inquiry into criminal records, investigation reports (report attached to judgment against A), details of inquiry into consolidated cases (Evidence List No. 159 pages out of 17);

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 of the Criminal Act: